Five High And Two Measures To Crack Down On Hackers And Internet Virus Crimes

The Supreme People's court and the Supreme People's Procuratorate jointly issued today's interpretation of several issues concerning the application of law to the criminal cases of endangering computer information system security, which have been implemented since September 1, 2011. This judicial interpretation has further clarified the applicable standards of relevant criminal cases in light of the problems involved in the crime of computer information system security, such as conviction, sentencing standard, unit crime, joint crime and terminology definition.

There are eleven judicial interpretations. The key points are as follows: first, the illegal acquisition is clearly defined. Computer information The crime of illegal control of computer information system provides the standard of conviction and sentencing for crimes such as intrusion, illegal control of computer information system procedures, tools, crimes such as crimes of computer information system, and so on. Two, it stipulates that the data obtained from the crime of knowingly obtaining the computer information system data and illegally control the control of computer information system acquired by computer information system crime, and is transferred, acquired, sold on behalf of others or disguised or concealed by other means, and is prosecuted for criminal responsibility by concealing or concealing the crime. Three, it is clear that the criminal liability of directly responsible persons in charge and other persons directly responsible should be investigated for the crimes of endangering computer information system in the name of the unit or in the form of units. Four, it is harmful to computer information. System data system safety The specific circumstances and principles of handling joint crimes; five, the specific scope and procedures of the "state affairs, national defense construction, advanced computer science and technology information system", "procedures and tools used for intrusion, illegal control of computer information systems", "computer viruses," and so on; and six, define the connotation and denotation of "computer information system", "computer system", "authentication information", "economic loss" and other related terms.

According to the introduction, "two high" issued this judicial interpretation, aimed at increasing the crime of endangering computer information system security. Crackdown To solve the difficult problems of law application for handling such criminal cases, so as to ensure the safety of computer information system and information security, and promote the healthy development of China's Internet. This judicial interpretation is based on summing up judicial experience and based on the relevant provisions of the criminal law of China and the Standing Committee of the National People's Congress.